Michael A. Montesano
State Assemblyman
(R-Glen Head)

Montesano has responded to Newsday's survey.

Tell him what you think in the comments.

Background:

Montesano is a member of the Assembly. Working with the State Senate, the Assembly can propose and pass laws that regulate local police departments throughout the state. It could create state oversight of police officers, which currently does not exist, or make internal police investigations public in New York.

Montesano, of Glen Head, took office in February 2010 as the winner of a special election. Before his election, he worked as a detective and police officer for the New York Police Department. He owned a law firm and served as acting village justice and as a village prosecutor in Roslyn Harbor. He also served as school board president of the North Shore School District.

Questions:

Police officers have remained on the job after shooting innocent people, falsifying police reports, lying under oath and committing other misconduct.

Is there a need for increased oversight of law enforcement?

Yes

A New York law known as 50-a keeps investigations into police misconduct hidden from the public. In many states this is not the case.

Should 50-a be repealed?

No

New York does not license police officers, and is one of only six states that does not have the power to end an officer’s career.

Should New York police officers be licensed by the state?

No

His comments:

With regards to section 50-a the statue in its current form does not prohibit the release of information pertaining to investigations It relates to evaluations toward continued employment and promotions. However I believe it is being mis-applied. Section 4 of the statue provides for full release of the information to all criminal investigating agencies and the Grand Jury. However this is not enough and increased oversight is nescessary.

I believe the statue is being abused and in some cases being mis-interpred by the courts and I believe that the statue should be amended so as to authorize the release of the outcome of investigations for criminal acts and acts of misconduct. The position of a police officer or any law enforcement officer for that matter is very important and they have a significant amount of authority and access to firearms and they need to be accountable for improper or unlawful conduct,

We may have to consider that if their respective agencies cannot conduct a proper and unbiased investigation especially for firearms discharges, then maybe a State firearms discharge panel should be established to do so, since police officer and peace officer training especially for firearms is standard throughout the State of New York.

What do you think?

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